Dealing with the loss of a loved one is difficult, and navigating the probate process can be overwhelming. At Sandahl & Damhof, we understand the challenges you face and are here to help you through the process. In this blog post, we will discuss five essential steps to successfully navigate probate in Minnesota, providing tangible and useful tips to address some of the common issues our clients face.

1. Determine if Probate is Necessary

Probate is the legal process of administering a deceased person’s estate, including paying debts and distributing assets to heirs. Not all estates require probate; it depends on the type and value of the assets involved. In Minnesota, if the deceased person’s assets are valued at less than $75,000 and do not include real estate, a simplified probate process called “affidavit for collection of personal property” may be used. To determine if probate is necessary, consult with an experienced probate attorney.

2. Locate and File the Will

If the deceased person left a will, it is essential to locate the original document and file it with the probate court. In Minnesota, the will must be filed within 30 days of the person’s death. If the will cannot be located, the estate will be administered according to Minnesota’s intestate succession laws, which dictate how assets are distributed in the absence of a will. An experienced probate attorney can help you locate and file the will and navigate the probate process.

3. Appoint a Personal Representative

A personal representative, also known as an executor or administrator, is responsible for managing the estate during probate. In most cases, the deceased person’s will names a personal representative. If there is no will or the named representative is unwilling or unable to serve, the probate court will appoint someone to act in this capacity. It is crucial to select a trustworthy and capable individual to ensure the estate is managed efficiently and effectively.

4. Inventory and Appraise the Estate

One of the primary responsibilities of the personal representative is to inventory and appraise the deceased person’s assets. This includes real estate, personal property, bank accounts, investments, and other assets. Accurate and complete inventory and appraisal are essential for determining the value of the estate and ensuring that assets are distributed according to the will or intestate succession laws. The personal representative may need to hire a professional appraiser to determine the fair market value of certain assets, such as real estate or valuable personal property.

5. Settle Debts, Taxes, and Expenses

Before distributing assets to heirs, the personal representative must settle the deceased person’s debts, taxes, and expenses. This includes paying funeral expenses, outstanding bills, and any taxes owed by the estate. In some cases, assets may need to be sold to cover these costs. It is essential to work with an experienced probate attorney to ensure that debts, taxes, and expenses are paid in accordance with Minnesota law and to avoid personal liability for the personal representative.

At Sandahl & Damhof, we understand that navigating probate can be a complex and emotional process. Our experienced probate attorneys are here to guide you through every step, providing the support and expertise you need to successfully navigate probate in Minnesota. Contact us today to schedule a consultation and learn more about our Navigating Probate: What to Expect services.